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Jones v. New York

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
Feb 5, 2021
21-CV-0999 (CM) (S.D.N.Y. Feb. 5, 2021)

Opinion

21-CV-0999 (CM)

02-05-2021

RICHARD JONES, Petitioner, v. STATE OF NEW YORK, Respondent.


TRANSFER ORDER :

Petitioner, currently incarcerated in Elmira Correctional Facility, brings this pro se petition for a writ of habeas corpus under 28 U.S.C. § 2254 challenging the constitutionality of his 2015 conviction in the New York Supreme Court, Kings County. Because Petitioner was convicted and sentenced in Kings County, which is located in the Eastern District of New York, this action is transferred under Local Rule 83.3 to the United States District Court for the Eastern District of New York.

The Clerk of Court is directed to mail a copy of this order to Petitioner and note service on the docket. The Clerk of Court is further directed to transfer this action to the United States District Court for the Eastern District of New York. Whether Petitioner should be permitted to proceed further without payment of fees is a determination to be made by the transferee court. This order closes this case.

Because Petitioner has not at this time made a substantial showing of the denial of a constitutional right, a certificate of appealability will not issue under 28 U.S.C. § 2253.

The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). SO ORDERED. Dated: February 5, 2021

New York, New York

/s/_________

COLLEEN McMAHON

Chief United States District Judge


Summaries of

Jones v. New York

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
Feb 5, 2021
21-CV-0999 (CM) (S.D.N.Y. Feb. 5, 2021)
Case details for

Jones v. New York

Case Details

Full title:RICHARD JONES, Petitioner, v. STATE OF NEW YORK, Respondent.

Court:UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

Date published: Feb 5, 2021

Citations

21-CV-0999 (CM) (S.D.N.Y. Feb. 5, 2021)